marston failed to take full amount for parking ticket - now threaten me with enforcement agents

[kyro 1]

i had to pay marston money,

called them and aranged the payment to be taken in 3 instalments…

i thought all was done and dusted

 

i just received a call that i hadnt paid the full amount, and that i must have messed up aranging it with my bank.

although i didnt contact my bank at all, i only aranged it through marston themselves and even confirmed at the end of the original call that everything was sorted.

 

the guy i spoke to (called me on a mobile number) said i hadnt paid in full

however i had aranged the direct debits with marston who failed to take the full amount in the last payment.

they took money, and the full amount was available at the time, they just didn't take enough which i found out just now after checking my bank statement.

 

after informing him that i had aranged it with the marston call centre,

he told me he will send an enforcement agent and that i would owe another £265 (ish)

didn't ask me to pay the extra before saying this,

just jumped straight to that after i said i had arranged for the payments to be taken and it must be the fault if the company.

 

apparently, its my responsibility for marston to take the correct amount according to this guy.

 

what are my rights here?

 

guy was pretty rude calling me son and pal and making it out to be entirely my fault and not the fault of marston.

[ploddertom 2,673]

What was it for and how much? Was anything written down?

[honeybee13 4,448]

Thread move from the discussions forum to the main bailiff advice one.

 

 

HB

[sgtbush 73]

Marstons do not do direct debits, they do do standing orders which you have to set up and tell your bank to pay another account an amount of money on a set date for so many payments.

[kyro 1]

it was for a parking ticket. and the amount was around £190... i had a letter from them and called their payments line to sort out direct debits.

 

marston took my card details including the 3 digits on the back and directly debited from my acct.

they set up the dates it would be taken...

they successfully took 3 payment without me having to contact my bank (even though 1 was for an incorrect amount)

 

i believe you may be mistaken or they have updated the way they take payments since you last checked in.

Edited November 7, 2018 by kyro

[sgtbush 73]

Maybe. I'll do some digging

[sgtbush 73]

That's not a direct debit.

That's the enforcement agent keeping your card details and taking the payments on their card machine every month.

Did you get paperwork thru the post telling you all about direct debit payments ....? No I suspect not.

 

Here Is all the payment methods.

Quoted from there website

 

What are my payment options?

 

If you have been visited by an enforcement agent and not able to pay the total amount you owe, you should speak to them about your payment options.

 

If not or you wish to pay the total amount you owe, you have a number of ways to pay.

 

To pay online, please click here.

 

To pay online in relation to Council Tax or child maintenance money you owe, please click here.

 

To pay through our 24-hour automated payment line, phone 0333 320 1100.

 

To pay through our 24-hour automated payment line in relation to Council Tax or child maintenance money you owe, phone 0300 456 2773.

 

To speak to one of our team to make a payment, or to discuss your circumstances, phone 0333 320 1822.

 

To speak to one of our team to make a payment, or to discuss your circumstances in relation to Council Tax or child maintenance money you owe, phone 0333 320 2530.

 

Our opening hours are 8am to 8pm Monday to Friday, 8am to 4pm on Saturdays.

 

To speak to one of our team to make a payment, or to discuss your circumstances in relation to High Court writ money you owe, phone 0333 320 2540.

 

Our opening hours are 9am to 5pm Monday to Friday.

 

To pay by bank transfer or standing order, use the following details, and quote our reference number shown on the front of this notice to make sure we know what the payment is for.

 

Sort code: 30-95-74.

Account number: 00627143

 

For Council Tax or child maintenance money you owe:

 

Sort code: 30-95-74

Account number: 03058492

 

To pay using an 'allpay' card, visit any post office or other business that shows the allpay or PayPoint logo.

You can phone us to discuss this on 0333 320 1822.

In relation to Council Tax or child maintenance money you owe, phone 0333 320 2530.

 

To pay by post, send a postal order, cheque or banker's draft, made payable to 'Marston', to:

 

Marston Group Limited

PO Box 12019

Epping

CM16 9EB

 

Make sure that you write your name and our reference number on the back of the postal order, cheque or banker's draft so we know what the payment is for.

 

Important:

 

Each payment method may vary in the number of days it takes for your money to reach our bank account as cleared funds.

Make sure you allow enough time between the date you make your payment and the date your payment is due.

 

If you don't quote your reference number, we may not have enough information to update our records to show you've made payment.

 

If we can’t tell which account, customer or client a payment is for, we will hold the money (called an ‘unattributed payment’) in suspense for up to 180 days.

This means we won’t touch it for that time.

After that time, we may keep this money.

If a customer later shows us proof that they made an unattributed payment, we will apply it correctly or refund the customer.

[kyro 1]

i dont believe that's what they are doing...

when i called to arange the payments,

they did the "take £1 to check " thing twice for 2 different payment amounts they set up.

 

either way, it was not a standing order and it was what they set up in house and i confirmed after that when the payments were taken all was done and dusted, which they confirmed.

 

so back to my original question,

what are my rights considering they messed up the amount of money they should have taken which was no fault of mine as i had no hand in it.

yet they say that its my fault...

[dx100uk 9,435]

looks like a continuous payment arrangement to me.

 

if they didn't take the money when they said they would that's their problem not your IMHO.

[kyro 1]

they took payment, just not the right amount on the last of the 3 payments.

 

what happens if they send out an agent and try to charge me considering that was what i was told may happen

 

when i pointed this out to be their mistake before i was even asked if i could make the payment...

well, i actually wasnt asked if i could make the payment at all during the whole phonecall,

just threatened with enforcement agents and extra charges

[dx100uk 9,435]

the mistake is their end you should not have to have 'a visit'

 

you agreed to the CPA over the phone, hence you gave the CCV number.

the agreement was to take the sums necessary over 3 mts to meet the PCN amount.

 

you indicate one was for the wrong amount...what do you mean?

[kyro 1]

well, they say i am about £53 short on my payments. they took 1 for about £55, one for £68 and the last one was for £9 (which i assume is the wrong amount due to that being the last one I owed) there was never a 4th date or payment agreed on or even mentioned, just the 3 payments to cover the amount owed for the pcn plus marstons £75 charge on top.

 

i must add, i wasnt allowed to stretch the payments over 4 payments due to marstons having a minimum amount to take "policy" which according to them cannot be any lower than x amount per payment.

 

funnily enough, this amount "x" changed a couple of times after finding out my circumstances... "it cannot be less than xxx... oh well in that case it cannot be lower than xx... well now you have told us that the very lowest we can do is x"

they were liturally just trying to get as much, as quickly as they could.

[sgtbush 73]

I have listed marstons payment methods.

They do not do direct debit or continuous payments.

Question.

Were you talking to the call centre or an enforcement agent on a Mobil number?

[Bailiff Advice 3,271]

they took payment, just not the right amount on the last of the 3 payments.

 

I would suggest that you call Marston Group tomorrow and ask them for an explanation. The operator may review the setting up of the payment arrangement in a different way.

 

The person who called you stated that if a visit is made, you would be liable to pay a further £265. In actual fact, the amount would be £235 (enforcement fee).

 

You mention that when the payment rate was set up that the debt had been £190. How much has so far been paid?

 

I would suggest that you make payment of the shortfall asap. This will avoid a visit being made and the debt increasing.

[Bailiff Advice 3,271]

well, they say i am about £53 short on my payments. they took 1 for about £55, one for £68 and the last one was for £9 (which i assume is the wrong amount due to that being the last one I owed) there was never a 4th date or payment agreed on or even mentioned, just the 3 payments to cover the amount owed for the pcn plus marstons £75 charge on top.

 

Sorry, I had not seen this post before I made my earlier post.

 

In your opening post you mention that you had contacted Marston's when the penalty charge debt had been £190 and that the payment arrangement had been set over a 3 month period. Whoever is at fault is beside the point at the moment. The fact is that the amount due now to avoid a personal visit being made (and the debt increasing by £235), stands at £53. I would suggest that you make an online payment tonight to clear the debt.

[kyro 1]

when i called them about the original payments, it was the call centre i spoke to who set up the payments. todays call was from a mobile number.

so far i have paid a total of £131.60 and original debt was £188. meaning i owe another £54.40.

 

i was not asked today to make any payment, i was first accused of setting up the payments wrong, then when i pointed out that they had infact set them up wrong, i was threatened with an inforcement officer and an extra charge before the call was swiftly ended by the guy who phoned me. i am unable to make any payments for another 27 days due to when i get paid.

 

so what are my options here?

 

sgtbush: the payments they took were not a standing order, they took my card details including my 3 digit security and took 3 payments without me needing to contact my bank to set up a standing order. when i initially called to set up payments, they took money which was replaced a few days after (2x£1) which was needed in order to process the payments. it would be nice if you would stop focusing on whatever type of payment it was and maybe help with the question i asked... regardless of what their website says, this is what happened in order for them to take my money... if this is not listed on their website as a way they take payment, then it clearly needs updating.

[dx100uk 9,435]

pay what you owe :rockon:

[kyro 1]

im not trying to get out of paying, i cannot make any payment for another 27 days.

 

what are my rights regarding the guy threatening me with an enforcement officer and extra charge without even asking me if i can pay nor asking about my ability to pay.

 

after accusing me of wrongdoing, getting snotty when i pointed out that it wasnt my fault then threatening me with officers and extra charges before terminating the call... surely this cannot be allowed

[dx100uk 9,435]

not saying you are

that was an agreement to BA's advice..

 

there are no 'rights'

 

it is understandable that as they've contributed to your issue it plays a part..but.. the bottom line is , sadly what they say is correct.

 

we now come across the real issue here is 'that you haven't got £50'ish to resolve the issue before they might appear.

if I were to be blunt here. GET IT. borrow it..get it paid, else the £235? will be added if they attend.

 

in times like these its worthy to note that things like DD's to say sky tv/mobile phone bill etc MUST take second priority and should be cancelled till its sorted and in the quickest time possible.

 

can you get help from a mate or parents, its only for 1 month//please don't use a PDL loan!

[kyro 1]

so they messed up and didnt take what they were meant to and now i have to go out of my way to magically conjure up some money to pay them before they charge me more because of their mistake?

 

sorry but you're saying theres no other option I have other than to accrue more debt to pay of these debt collectors that suck at collecting debt, even though i have not done anything wrong? even after i was spoken to like im some kinda .... (insert your favourite word here) on the phone that got salty because i told him its his company that failed to set it up right and threatened me with sending people round my house and charging me more money to do so?

 

you're suggesting ... regardless of what they do wrong, im expected to have to clean up the pieces

so tell me,

what stops them doing this to other people as a way to get more money?

they know how much i earn,

how much i pay out and to where and how often i get paid...

 

magically they call me now knowing its about a month til i get paid...

knowing i cant pay the extra in time means they make a cool 235 extra smackeroonies…

yet theres nothing i can do to stop this other than beg borrow steal money to pay them...

 

they also know someone in this situation couldnt afford to pay legal fees...

so what exactly stops this being a ploy to make extra money if theres nothing i can do about it?

 

this site im sure was meant to be help and advice..

. between focusing on whether it was or was not a direct debit, and stating the obvious that i still have to pay it, theres not been any help or advice..

 

. i am no better off now than i was before i registered to this site other than learning that apparently, when it comes to enforcement agencies, they can make up the rules as they go along and that we just have to deal with it...

 

is this correct?

Edited November 7, 2018 by dx100uk
swearing edited

[dx100uk 9,435]

yes sadly it is.

please don't swear....post above edited.

 

we are certainly never going to advise you to do anything that WILL result in a guaranteed extra £235 attendance fee, which sadly again is quite legally liable if you don't pay £50ish and they do attend.

 

it might help your case afterwards by complaining, but as it stands £50ish resolves it .

 

we are not here to lead people up garden paths like other sites

 

however we might well be able to help in in associated issues that we don't know yet...like

why didn't you pay the original PCN ??

why did it even get to the bailiffs stage?

 

if you didn't know about it nor received any paperwork thus removing yo right to contest it etc etc , there might be something there...

 

but for the minute get it paid..this issue is nothing to do with them ripping off people, nor CAG members advising this should be allowed to happen.

its a situation you are in ..we have advised the best route

[Bailiff Advice 3,271]

well, they say i am about £53 short on my payments.

 

They took 1 for about £55,

One for £68 and the

Last one was for £9 (which i assume is the wrong amount)

 

I am being brutal frank here and I am doing so in order to AVOID a situation where a personal visit will be made and an enforcement fee of £235 added to the debt and the risk of your car being seized.

 

You agreed a payment arrangement over 3 month. You were aware that the final payment would have been around £62. In error, just £9 was taken. Whichever we we look at it.....you owe £53. Whether that is your fault or Marston's is frankly irrelevant. The money IS owed and it IS PAYABLE. Furthermore, it is payable under an agreement reached between you an Marston's.

 

It would appear that you no longer have the sum of £53 in available funds and are somehow expecting Marston to allow you to make this payment in another months time. If you wish to avoid a £235 enforcement fee being applied, I would suggest that you borrow the money NOW.

 

The posters on here are seeking to avoid a £235 fee being added to your so close to Christmas. It has to be your choice.

[kyro 1]

pcn was for parking my motorbike in a bike parking area...

was told there were double yellow lines when i have photographs that prove otherwise...

 

i told them this and received a letter saying that my proof was not good enough for them to take back the penalty and that i needn't reply to anything and wait for another letter telling me my next steps...

 

the next letter i received was them telling me that it had been passed on to marston due to me ignoring a letter they had sent..

i was hoping they would take me to court where i could present my evidence including their reply saying about double yellow lines when there clearly was not...

 

my friend that was with me who also received a pcn sent the same appeal and his letter was very different to mine (he was parked next to me) saying that it was instead a loading and unloading zone with restrictions...

motorcycles can park legally in a bike parking area providing we

a)dont cross double yellows to get there

b) do not obstruct any footpaths which we had not...

 

it was at southend on sea...

their car parks do not have any motorcycle parking facilities...

 

how can it be legally liable?

they didnt collect it when they had the chance and now i must go out of my way to pay it fast...

 

why should i have to go out of my way to find this money and pay it when they say i have to when its their fault they didnt collect it when it was agreed by both parties already... i should be able to pay it when i have the money, not when they say i have to when its their mistake... you see what im getting at???

 

they could have had it by now.

.. this could already be over...

but they dont because of their mistake... not mine...

yet i must pay it when they say or get charged more to have some jobsworth, greedy [removed - dx] come to my house and try pricing up some stuff...

 

how can this be legal? their mistake...

their fault they dont already have it yet they take no responsibility and make it out to be my fault, and i have to rush to get some money like it was my fault...

 

rude and incompetent...

talking down on everyone...

yet theres nothing i can do about it other than what?

 

robbing some poor git?

holding up a bookies?

i have no family to borrow from...

and my friend pockets are as empty as mine...

 

i wasnt even aware it hadnt been paid until todays phonecall...

 

yes i have to honour paying the money, but surely marston has to honour taking the agreed apon amount at the agreed apon time, and the fact that they didnt, should show some common courtesy and allow me to pay it when i get paid due to it being their fault...

Edited November 8, 2018 by dx100uk
morons...spacing

[dx100uk 9,435]

:lol:thanks for editing post 25 from your org text......respect..:thumb:

 

looks like you have a good case going by your story in post 24.

you could request all the photos and so could your friend.

 

did you not formally appeal the NTO rather than an informal one?

you should have gotten a court date if you did ..

 

however and sorry to bang the drum..i'm pretty sure that's a long road and best done after getting this sorted.

 

not teaching you how to budget nor wish to know your pers details but have you seriously NO money for 27days..or is what you have already allocated to things like direct debits from your bank account?

 

most co's wont wave their arms about a missed monthly dd to get this one paid..

what you've got to do is separate the bailiffs involvement out from the overall niggles over this.

they wouldn't even be involved had the PCN been judged fairly as with your friends in the same place.

which ofcourse rubs salt in your wound so to speak.

 

i'm pretty sure there are those here that will help you rolling this back if possible ..its been done before.

[kyro 1]

i have £4.72 in my bank account for the next 26 days now so yes seriously i have no money until payday.

 

and yes it was a formal appeal...

the reply to which looked like it had been written by a 5 year old with spelling and grammatical errors left, right and centre.

 

my friends reply also looked like it was written by a 5 year old, only this one was a different 5 year old...

both letters contradicted eachother.

 

i mentioned that i had crossed no double yellow lines to park where i did.

they claimed there were double yellows in my reply however my friends letter said there were no double yellow lines to make the road appear nicer or words to that effect... my friend decided to pay his fine.

 

i received no letter about my next steps and nothing about any court date, just a letter informing me the case had been passed on to debt collectors.

otherwise i would have gone to court, presented my case and you would have never even have known i existed...

 

you are correct that all this is rubbing salt into the wounds as i was forced to pay marstons before i am able to get the fine dropped by southend council through court...

 

i sent southend another email after which has still not even been opened (read receipt) 4 months after it was sent...

if i get southend in court i will win based on my evidence and their replies to both me and my friend being contradictory...

maybe this is why they went straight for debt collectors over taking me to court...

 

i have wasted so much time and energy on this already, and am so annoyed by these ****** ***** ****** **** that i swear i could kill... and even when I thought the debt was settled and i could crack on with sorting out southend, nope... its not over... its never over...

Edited November 8, 2018 by dx100uk
spacing